Thursday, February 10, 2011

Michelle Olsen of Appellate Daily, has a post today on a circuit split -- some quotes:

Under the First Amendment, can states prohibit judicial candidates from personally soliciting campaign contributions?

Last summer, the U.S. Court of Appeals for the 7th Circuit said yes (twice), upholding Indiana and Wisconsin rules. The 6th and 8th Circuits said no, invalidating Kentucky and Minnesota rules, albeit with different results. Two of these cases have already caught the Supreme Court’s attention. * * *

The Supreme Court has already shown initial interest in the 7th Circuit cases. When Indiana and Wisconsin waived their opportunity to oppose petitions filed, the Court requested responses. While “Response Requested” does not equal “Petition Granted,” it does mean that a petition has at least survived weeding level one, where thousands of others are rejected.

Although the Court is scheduled to consider both 7th Circuit petitions in its February 18th conference, at least one will be relisted for a later date. Just this week, the Court extended Wisconsin’s response deadline to April 1st. Indiana has already filed its response, but postponing conference for both cases seems likely, since the Court synchronized them before.

The Supreme Court of the United States will consider the writ of certiorari requested in Bauer v. Shepard, No. 10-425, the Indiana judicial free speech case, at its conference on February 18. As we've told you, the State opposes the attempt to have the case heard by the Supremes.